PUB2 101D2 Lecture 7: PUB2_101-class 7_oct 4

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D2
• Professor: Alexander Pless

Document Summary

Class 7 executive power and its limits. Power of delegation when parliament or legislature outlines the scheme and delegates to a subordinate body (governor in council, minister, municipality etc) the power to make laws on matters of details (subordinate or delegated legislation, regulation). ***only federal parliament has the power to levy taxes. Modern administrative state couldn"t function had there not been any regulations. There is no legislation in canada that requires legislative and executive powers be exercised separately vs us. Sovereign legislature can authorize another body to legislate in its place, but it cannot delegate powers it does not have. Moreover, the jurisprudence has established a number of limits that flow from the division of powers and the principles of the rule of law. Throughout today"s class keep in mind the tension between the principles of the sovereignty of parliament and the requirements of the rule of law.